KUALA LUMPUR, April 18 — E-commerce company i-Serve Online Mall Sdn Bhd and its affiliates obtained leave from the High Court here today to initiate a judicial review to challenge the freezing of its accounts by Bank Negara Malaysia (BNM).
Judge Datuk Wan Ahmad Farid Wan Salleh made the decision in online proceedings conducted through the Zoom application, in the presence of lawyers Rosli Dahlan, Datuk DP Naban and Amiratu Al Amirat who were representing all the applicants.
Federal counsel M Kogilambigai appeared for all respondents, namely BNM, the central bank’s Financial Intelligence and Enforcement Department (FIED) director Mohd Fuad Arshad, FIED manager Sarah Syamimi Mohd Suhaimi, FIED officers Muhammad Banjumaswira Ishak and Maisarah Najla Mansor as well as the Attorney General’s Chambers’ deputy public prosecutor Kamal Baharin Omar.
Rosli said the court agreed with all the grounds advanced by i-Serve and held that the challenge instituted by the applicants is not against the criminal investigation per se but the illegality of the freezing orders.
“The freezing orders did not even state who were the subject of the criminal investigation under the Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA).
“The judge also said even if the freezing orders had expired, if they were found to be in contravention of Section 44(1) of AMLATFPUA, the applicants would be entitled to claim damages for wrongful issuance. The applicants have shown that they have a prima facie application for judicial review; leave to commence judicial review is granted,” the lawyer said.
On January 26, i-Serve Online Mall, its shareholders Datuk Goh Hwan Hua and Boon Soon Heng, Goh’s wife Datin Neow Ean Lee, i-Serve Technology & Vacations Sdn Bhd (ISTV), Advance Digital Ventures Berhad (ADV) and Trillion Cove Holdings Berhad (TCH) filed a judicial review application in the High Court.
The applicants are seeking leave from the court for a certiorari order to quash the 14 asset freeze orders that BNM issued on November 11 last year under Section 44 of AMLATFPUA, and a mandamus order to compel the respondents to consider their applications dated November 24 and December 8 last year to revoke and/or vary the asset freeze orders.
Goh, who filed the affidavit in support of the application for a judicial review, claimed that the authorities’ action was mala fide (bad intention), illegal and an abuse of power.
He claimed that the action against i-Serve Online Mall and its affiliates is an infringement of their rights, and that they will continue to suffer serious prejudice, while being unable to make statutory payments, pay employee salaries and trade creditors as well as provide personal sustenance, which will irreparably damage livelihoods of the applicants and many others.
He also alleged that the asset freeze orders issued by BNM were tainted by illegality, irrationality as well as procedural impropriety, and were ultra vires, mala fide and an abuse of power. — Bernama
